Devaraj v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1335 of 2022 Devaraj ..

Petitioner Vs.

1.The Secretary to Government Home Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Police/Detaining Authority, Huzur Road, Coimbatore City, Coimbatore - 18. 3.The Superintendent of Police, Central Prison - Coimbatore, Coimbatore District.

4.State Rep. By its The Inspector of Police, E1 Singanallur Police Station, Coimbatore District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 05.07.2022 on the file of the Page No.1 of 5

second respondent herein made in proceedings Memo C.No.41/G/IS/2022, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son D.Mohan Sundar @ Moni, S/o. Devaraj, aged 23 years, before this Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore.

For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.W.Camyles Gandhi, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for respondents are before us.

2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 22.08.2022 bearing reference G.O.Rt.No.5389 Page No.2 of 5

Home, Prohibition and Excise (XII) Department.

3. In the light of the undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.

4. Recording the above said submission, captioned Habeas Corpus Petition is disposed of as closed. There shall be no order as to costs.

(M.S.,J.) (M.N.K.,J.) 13.03.2023 Index : Yes / No mmi To 1.The Secretary to Government Home Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Police/Detaining Authority, Huzur Road, Coimbatore City, Coimbatore - 18. 3.The Superintendent of Police, Central Prison - Coimbatore, Coimbatore District.

4.The Inspector of Police, E1 Singanallur Police Station, Coimbatore District.

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5.The Public Prosecutor High Court, Madras.

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M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 13.03.2023 Page No.5 of 5